Can a Wrongful Death Claim Be Filed After an Accident Caused by a Drunk Driver?

Losing someone you love in a crash is utterly devastating. When that crash was caused by a drunk driver, the grief can come with anger, disbelief, and deep frustration. Can anything be done? Can someone be held legally accountable for what happened?

The answer, in most cases, is yes. Under Illinois law, the family members of someone killed by another’s negligent act have the right to file a wrongful death claim. When your claim was brought about by a drunk driver, it may involve:

• Using blood alcohol tests and police reports to establish negligence
• Leveraging a criminal DUI conviction to strengthen your civil case
• Holding a bar or restaurant accountable as well under Illinois dram shop law
• Recovering compensation for funeral costs, lost income, and loss of companionship

At Anspach Law Office, we have spent decades fighting for families across Chicagoland who lost loved ones but did not know where to start when taking legal action. We can guide you through the emotional and legal difficulties of these circumstances to help you pursue justice for your loved one.

Proving Negligence Through Blood Alcohol Tests and Police Reports

A wrongful death claim requires proof that the person who caused the death was negligent. In drunk driving cases, that proof often already exists in the official record in the form of records of intoxication.

Key evidence may include:

• Blood alcohol content (BAC) test results showing a reading at or above the legal limit of 0.08%
• Police reports documenting the officer’s observations, field sobriety test results, and any citations issued
• Witness statements from the scene
• Dashcam or surveillance footage

A BAC result above the legal limit is strong evidence of negligence per se, meaning the law treats the act of driving drunk as inherently negligent. An attorney can use this evidence to help build a solid foundation for your civil claim.

How Can a Criminal DUI Case Affect Your Wrongful Death Claim?

A criminal DUI case and a civil wrongful death claim are separate legal proceedings. However, one can significantly affect the other. If the driver is convicted of a DUI, that conviction can be introduced as evidence in your civil case, reinforcing the case for negligence.

Even if the driver is not convicted criminally, you may still succeed in a wrongful death claim. Civil cases operate with a lower standard of proof than criminal cases, so your claim may still be able to benefit from the parallel proceeding’s additional records, such as toxicology reports or dashcam footage.

When a Bar or Restaurant May Share Liability

Under the Illinois Dram Shop Act (235 ILCS 5/6-21), a bar, restaurant, or any licensed alcohol retailer that served the intoxicated driver may also bear legal responsibility for the accident. To hold a vendor liable, the claim generally requires showing:

• The establishment sold or gave alcohol to the driver
• That alcohol caused the driver’s intoxication
• The intoxication directly resulted in the accident and your loved one’s death

As of January 20, 2026, Illinois dram shop liability limits are $90,411.55 per person for injury or property damage, and $110,503.00 for loss of support or loss of society. These limits are adjusted on a yearly basis according to variance in the Consumer Price Index.

What Compensation Can You Recover?

A wrongful death claim in Illinois may allow surviving family members to recover damages including:

• Funeral and burial expenses
• Lost wages and benefits
• Loss of companionship and support
• Pain and suffering of the deceased before death
• Medical expenses related to the fatal injury

Punitive damages may also be available in a drunk driving case. These excess damages are often pursued to punish the negligent or, in this case, illegal act and discourage others from doing the same.

Let Us Walk You Through the Process

At Anspach Law Office, we recognize that losing a loved one due to someone else’s negligence is an unimaginable tragedy. And while no amount of money can fully compensate for your loss, pursuing a wrongful death claim can help provide needed financial stability and hold those responsible legally accountable.

If you have experienced these circumstances and are considering bringing a claim, remember that Illinois has a two-year statute of limitations for wrongful death claims, so it is important to take action quickly in these cases. Let our team at Anspach Law Office assist you. Reach out to us today to schedule a consultation and begin discussing how our firm can help you.